HomeMy WebLinkAbout1985-06-18; City Council; Resolution 80631
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RESOLUTION NO. 8063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE
CITY ENGINEER'S AND LAND USE PLANNING MANAGER'S
DECISION TO APPROVE A 3 UNIT CONDOMINIUM PROJECT
LOCATED AT 3655 GARFIELD STREET AND DENYING SAID
PROJECT CP-306/MS-682.
APPLICANT: SEABREEZE CONDOS
CASE NO.: CP-306/MS-682
WHEREAS, the City Engineer and Land Use Planning Manager
held a meeting to consider a proposed 3 unit planned development
condominium minor subdivision on approximately 6,325 square feet
of property located at 3655 Garfield street; and
WHEREAS, the City Engineer and Land Use Planning Manager
expressed their intention to approve said project; and
WHEREAS, a timely appeal was filed asking the City
Council to review the staff decisions; and
WHEREAS, the City Council adopted staff's finding that
the project is categorically exempt from environmental review
according to Section 15305.070(11)(4~) of the California
Environmental Quality Act and a Notice of Exemption was filed on
April 18, 1985;
WHEREAS, on June 11, 1985 the City Council of the City
of Carlsbad held a duly noticed public hearing as proscribed by
law to consider said appeal and at said hearing after
consideration of all of the evidence, testimony, argument of
those persons present and desiring to be heard the City Council
determined to grant the appeal, NOW, THEREFORE, BE IT
RESOLVED by the City Council of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
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2. That the City Council makes the following findings:
A. That the appeal filed on this matter was timely
because the applicant, as a part of his application, agreed to
the extension of any applicable time limits in relation to the
project and because the final day for filing the appeal fell on a
Sunday when City Hall was closed and when the final day of appeal
period falls on a weekend or holiday City practice and procedure
provides that the time is extended to the next working day, in
this case Monday the eleventh day, which was the day the appeal
was recieved by the City.
B. That this lot, formerly occupied by a single
family residence, is relatively small (6,352 square feet) and is
not adequate to accommodate a project of the proposed density and
intensity of use.
C. That the density of this project exceeds that
allowed by right in the zone making the approval a discretionary
decision for the City Council.
D. That this property is surrounded on both sides
and across the street with single family homesand is located in
a neighborhood predominantly occupied by single family homes on
individual lots. This project is a massive three story
condominium which is incompatible with the neighborhood.
E. The project does not contain any of the extra
amenities necessary to qualify for additional discretionary
density. In particular, there is no provision for recreational
space, no provision for recreational vehicle parking, no trash
enclosure and numerous encroachments into the side and rear yard
setbacks.
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3. Based on the above findings of fact, it is the
conclusion of the City Council that the appeal of this project be
granted, that the decision of the City Engineer and Land Use
Planning Manager to approve the project be reversed, and that the
project known as the Seabreeze Condos, CP-306/MS-682 is hereby
denied because it does not satisfy the requirements of the
Planned Development Ordinance, it is incompatible with the
neighborhood, and it meets only minimal standards and does not
provide any justification for discretionary approval of a project
in excess of the minimum density.
4. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City
Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008."
... ...
3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of June 1985
by the following vote, to wit:
AYES:
NOES:
ABSENT : None
council Mrs mis, ~ulcllin, and Pettine
council Nirs Casler and Chick
ATTEST:
L2lxLtLop67& ALETHA L. RAUTENKRANZ, City Cleg
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